United States v. Fickett
Court of Appeals for the Ninth Circuit
F. W. Fickett was indicted for unlawfully interrupting and preventing a United States surveyor from making a survey of certain unpatented mining claims, in violation of Rev. St. § 2412, within the territory of Arizona. A demurrer to the indictment was sustained, and defendant discharged, and, on the territory being made a state, an appeal by the United States was transferred to the Circuit Court of Appeals.
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F. W. Fickett was indicted for unlawfully interrupting and preventing a United States surveyor from making a survey of certain unpatented mining claims, in violation of Rev. St. § 2412, within the territory of Arizona. A demurrer to the indictment was sustained, and defendant discharged, and, on the territory being made a state, an appeal by the United States was transferred to the Circuit Court of Appeals. The defendant, F. 3V. Fickett, was indicted on the 23d day of October, 3011, for violating the provisions of section 2412 of the Revised ¡-Statutes of the United States (U. S. Oomp. St.…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The defendant contends that the facts stated in the indictment do not constitute a public offense against the United- States, for the reason that the five certain unpatented mining claims therein named and described, being claimed and owned by the Old Pueblo Copper Company, a corporation, are not public lands of the United States, within the meaning of section 2412 of the Revised Statutes. That section is as follows:
“Every person who in any manner, by threats or force, interrupts, hinders, or prevents the surveying of the public lands, or of any private…
2Cases cited7 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Stone v. United StatesSupreme Court of the United States · 1897
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Hutchings v. LowSupreme Court of the United States · 1873
- Shiver v. United StatesSupreme Court of the United States · 1895
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